Bill Text: NY A05523 | 2023-2024 | General Assembly | Introduced
Bill Title: Allows a suspending authority to condition the early return of a student on such student's voluntary participation in counseling or specialized classes, including anger management or dispute resolution, where applicable.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Engrossed) 2024-03-11 - REFERRED TO EDUCATION [A05523 Detail]
Download: New_York-2023-A05523-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5523 2023-2024 Regular Sessions IN ASSEMBLY March 16, 2023 ___________ Introduced by M. of A. GUNTHER -- read once and referred to the Commit- tee on Education AN ACT to amend the education law, in relation to allowing a suspending authority to condition the early return of a student on such student's voluntary participation in counseling or certain classes The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph 1 of paragraph b of subdivision 3 of section 2 3214 of the education law, as amended by chapter 181 of the laws of 3 2000, is amended to read as follows: 4 (1) The board of education, board of trustees, or sole trustee, super- 5 intendent of schools, district superintendent of schools and the princi- 6 pal of the school where the pupil attends shall have the power to 7 suspend a pupil for a period not to exceed five school days. [In the8case of such a suspension, the] The suspending authority may condition a 9 student's early return to school on the pupil's voluntary participation 10 in counseling or specialized classes, including anger management or 11 dispute resolution, where applicable. The suspending authority shall 12 provide the pupil with notice of the charged misconduct. If the pupil 13 denies the misconduct, the suspending authority shall provide an expla- 14 nation of the basis for the suspension. The pupil and the person in 15 parental relation to the pupil shall, on request, be given an opportu- 16 nity for an informal conference with the principal at which the pupil 17 and/or person in parental relation shall be authorized to present the 18 pupil's version of the event and to ask questions of the complaining 19 witnesses. The aforesaid notice and opportunity for an informal confer- 20 ence shall take place prior to suspension of the pupil unless the 21 pupil's presence in the school poses a continuing danger to persons or 22 property or an ongoing threat of disruption to the academic process, in 23 which case the pupil's notice and opportunity for an informal conference EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10144-01-3A. 5523 2 1 shall take place as soon after the suspension as is reasonably practica- 2 ble. 3 § 2. Subparagraph 1 of paragraph c of subdivision 3 of section 3214 of 4 the education law, as amended by chapter 430 of the laws of 2006, is 5 amended to read as follows: 6 (1) No pupil may be suspended for a period in excess of five school 7 days unless such pupil and the person in parental relation to such pupil 8 shall have had an opportunity for a fair hearing, upon reasonable 9 notice, at which such pupil shall have the right of representation by 10 counsel, with the right to question witnesses against such pupil and to 11 present witnesses and other evidence on his or her behalf. Where the 12 pupil is a student with a disability or a student presumed to have a 13 disability, the provisions of paragraph g of this subdivision shall also 14 apply. Where a pupil has been suspended in accordance with this subpara- 15 graph by a superintendent of schools, district superintendent of 16 schools, or community superintendent, the superintendent shall 17 personally hear and determine the proceeding or may, in his or her 18 discretion, designate a hearing officer to conduct the hearing. The 19 hearing officer shall be authorized to administer oaths and to issue 20 subpoenas in conjunction with the proceeding before him or her. A record 21 of the hearing shall be maintained, but no stenographic transcript shall 22 be required and a tape recording shall be deemed a satisfactory record. 23 The hearing officer shall make findings of fact and recommendations as 24 to the appropriate measure of discipline to the superintendent. The 25 report of the hearing officer shall be advisory only, and the super- 26 intendent may accept all or any part thereof. An appeal will lie from 27 the decision of the superintendent to the board of education who shall 28 make its decision solely upon the record before it. The board may adopt 29 in whole or in part the decision of the superintendent of schools. The 30 suspending authority may condition a student's early return to school on 31 the pupil's voluntary participation in counseling or specialized class- 32 es, including anger management or dispute resolution, where applicable. 33 Where the basis for the suspension is, in whole or in part, the 34 possession on school grounds or school property by the student of any 35 firearm, rifle, shotgun, dagger, dangerous knife, dirk, razor, stiletto 36 or any of the weapons, instruments or appliances specified in subdivi- 37 sion one of section 265.01 of the penal law, the hearing officer or 38 superintendent shall not be barred from considering the admissibility of 39 such weapon, instrument or appliance as evidence, notwithstanding a 40 determination by a court in a criminal or juvenile delinquency proceed- 41 ing that the recovery of such weapon, instrument or appliance was the 42 result of an unlawful search or seizure. 43 § 3. Subparagraph 1 of paragraph c of subdivision 3 of section 3214 of 44 the education law, as amended by chapter 380 of the laws of 2001, is 45 amended to read as follows: 46 (1) No pupil may be suspended for a period in excess of five school 47 days unless such pupil and the person in parental relation to such pupil 48 shall have had an opportunity for a fair hearing, upon reasonable 49 notice, at which such pupil shall have the right of representation by 50 counsel, with the right to question witnesses against such pupil and to 51 present witnesses and other evidence on his behalf. Where a pupil has 52 been suspended in accordance with this subdivision by a superintendent 53 of schools, district superintendent of schools, or community superinten- 54 dent, the superintendent shall personally hear and determine the 55 proceeding or may, in his discretion, designate a hearing officer to 56 conduct the hearing. The hearing officer shall be authorized to adminis-A. 5523 3 1 ter oaths and to issue subpoenas in conjunction with the proceeding 2 before him. A record of the hearing shall be maintained, but no steno- 3 graphic transcript shall be required and a tape recording shall be 4 deemed a satisfactory record. The hearing officer shall make findings of 5 fact and recommendations as to the appropriate measure of discipline to 6 the superintendent. The report of the hearing officer shall be advisory 7 only, and the superintendent may accept all or any part thereof. An 8 appeal will lie from the decision of the superintendent to the board of 9 education who shall make its decision solely upon the record before it. 10 The board may adopt in whole or in part the decision of the superinten- 11 dent of schools. The suspending authority may condition a student's 12 early return to school on the pupil's voluntary participation in coun- 13 seling or specialized classes, including anger management or dispute 14 resolution, where applicable. Where the basis for the suspension is, in 15 whole or in part, the possession on school grounds or school property by 16 the student of any firearm, rifle, shotgun, dagger, dangerous knife, 17 dirk, razor, stiletto or any of the weapons, instruments or appliances 18 specified in subdivision one of section 265.01 of the penal law, the 19 hearing officer or superintendent shall not be barred from considering 20 the admissibility of such weapon, instrument or appliance as evidence, 21 notwithstanding a determination by a court in a criminal or juvenile 22 delinquency proceeding that the recovery of such weapon, instrument or 23 appliance was the result of an unlawful search or seizure. 24 § 4. This act shall take effect immediately, provided that the amend- 25 ments to subparagraph 1 of paragraph c of subdivision 3 of section 3214 26 of the education law made by section two of this act shall be subject to 27 the expiration and reversion of such subparagraph pursuant to subdivi- 28 sion (a) of section 8 of chapter 430 of the laws of 2006, as amended, 29 when upon such date the provisions of section three of this act shall 30 take effect.
